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FOI/202500461152 · FOI · partially withheld

Equality Human Rights Commission (EHRC) and gender workplace regulations: FOI release

Published
2025-09-16
Received
2025-04-07
Responded
2025-05-20
Directorate
Equality, Inclusion and Human Rights Directorate
Topic
Equality and rights, Public sector
Exemptions
38(1), 25(1), 34(1)

Information requested

All correspondence sent between the Equality Human Rights Commission (EHRC) and the Scottish Government from the last two months regarding gender/sex and/or workplace regulations and/or facilities, and any minutes/notes from meetings during the same time period.

Response

I enclose a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section s.38(1)(b) of FOISA applies to that information. A further exemption under section 25(1) of FOISA also applies to some of the information requested.

The reasons why those exemptions apply are explained in the Annex to this letter.

Annex to the standard response letter- Reasons for not providing information

An exemption applies

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested.

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested because it is the personal data of a third party, i.e. names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider whether the public interest in disclosing the information outweighs the public interest in applying the exemption.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. In this case a letter dated 21 February 2025 from EHRC to Cabinet Secretary is in the public domain on the EHRC website (Our letter to the Cabinet Secretary for Health and Social Care | EHRC) and therefore s25 applies to that information. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Detected exemption language

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section s.38(1)(b) of FOISA applies to that information. A further exemption under section 25(1) of FOISA also applies to some of the information requested. The reasons why those exemptions apply are explained in the Annex to this letter. Annex to the standard response letter- Reasons for not providing information An exemption applies An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested because it is the personal data of a third party, i.e.

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